Court Records To Be on the Net
By Michael J. Trickey
King County Superior Court and the Department of Judicial Administration (the clerk’s office) have long been leaders in transforming paper court files into electronic court records to improve public access to the court. This effort is known as the Electronic Court Records (ECR) program.
Since January 2000, all new cases filed in Superior Court have been maintained electronically. The clerk’s office scanned the paper document into ECR and kept dual systems of paper and electronic records for about two years. Once users in the county became comfortable with the new system, the clerk started discarding the paper documents and retaining only the electronic file.1 Then, after the installation of sufficient hardware infrastructure and the adoption of GR 30, electronic filing of certain court documents began in February 2005.
At about the same time, the Washington Supreme Court adopted GR 31. Under GR 31(a), “it is the policy of the courts to facilitate access to court records as provided by Article 1, Section 10 of the Washington State Constitution.” Such access must “be consistent with reasonable expectations of personal privacy as provided by Article 1, Section 7 of the Washington State Constitution.”
The court and the clerk’s office have decided to take the next step: Internet access to certain types of court records. On February 23, the Superior Court adopted the following emergency local rule: LGR 31. Access to court records
- (d) Access.
- (2) On-line access to the Clerk’s electronic records system outside of the clerk’s office and outside of King County’s wide area network shall be restricted to cases filed November 1, 2004 and forward and shall be limited to the following case types:
- (i) all criminal cases, defined as those categorized with a number 1 as the third digit of the case number;
- (ii) all civil cases, defined as those categorized with a number 2 as the third digit of the case number, with the exceptions of petitions for domestic violence protection orders and petitions for antiharassment protection orders;
- (iii) all probate cases, defined as those cases categorized with a number 4 as the third digit of the case number, except for guardianship cases.
The court adopted this rule after much review and debate. Type 3 cases, involving family law issues, are excluded for now. The restrictions to cases filed after November 1, 2004, reflects the adoption of GR 31. There will be a 10-cent per page viewing fee, and users may pay by credit card. There will be an in forma pauperus process for those who are indigent and want to view their own cases.
This on-line access will begin in the late spring or early summer. Comments are welcome.
1 With a few exceptions, such as original wills, etc.
